SINGAPORE, Aug 27 — A veteran humanities teacher from Hwa Chong Institution was sentenced to nine months’ jail today for consuming methamphetamine, with a district judge rejecting his lawyer’s request for probation.
Christopher David Burge, 67, had been suffering from a mental disorder that arose from a fatal car accident in late 2017, said his lawyer Chenthil Kumar Kumarasingam.
He argued that the Briton’s adjustment disorder, brought on by the “traumatic events” that led to his elderly father’s death in England, led to his drug consumption.
Burge, who taught for about 30 years, admitted to three charges of taking methamphetamine, as well as possessing drug utensils and 6.12g of synthetic cannabis.
While the prosecution sought one year and two months’ jail, Kumarasingam argued against that, saying the sentencing principles of deterrence and retribution should not apply given the causal link between his mental condition and the offences.
Probation, which is usually offered to young offenders under 21, is aimed at allowing the offender to undergo rehabilitation. Older adult offenders can also receive probation in exceptional circumstances.
But District Judge Ong Luan Tze found that the circumstances of the case were not so exceptional as to warrant probation.
“Drug offences are taken very seriously in Singapore… he made a conscious decision to consume controlled drugs which he knew was wrong.
“I accept that he suffered from adjustment disorder. I also accept there may be a causal link and he was more willing to take risks because of it. However, I was not convinced this was sufficient to displace deterrence (as the main sentencing principle),” she told the court.
Nevertheless, the judge said some leniency could be given due to his mental condition, clean record and other mitigating factors.
Kumarasingam said that he would be filing an appeal against the sentence. Burge remains out on bail.
What happened
The court heard that Burge was arrested in the late hours of Sept 20, 2018 at his home. Central Narcotics Bureau (CNB) officers were acting on information they received, but no further details were given.
They seized drugs and utensils before taking him to the CNB office for investigations.
Burge later admitted to taking methamphetamine, also known as Ice, on the morning of his arrest and on Sept 13 and 16.
He got the drugs from a full-time national serviceman, but court documents did not reveal how they knew each other. They had first met the day before he first consumed methamphetamine.
During investigations, Burge admitted that he took drugs as he enjoyed it, and would have continued doing so if he was not arrested.
The drug pipes that he used were found to be stained with methamphetamine and ketamine.
Believed he fell asleep while driving
In mitigation, Kumarasingam from Withers KhattarWong revealed more details about the car accident that claimed Burge’s father’s life in December 2017.
Burge had divorced from his wife and was spending time with his 95-year-old father back in England.
He had taken his father to the hospital and they were heading home when they collided head-on with another vehicle.
Burge believes he fell asleep at the wheel, Kumarasingam added.
Both men were in hospital for some time, and Burge had returned to Singapore when his sister told him their father was in a critical state.
Burge rushed back to England but arrived at the hospital 20 minutes after his father died, said the lawyer.
“The coroner’s inquiry inquest concluded that the collision was the main cause of death. They found my client culpable but to a lower extent. The findings that he escaped serious criminal liability for his father’s death, in a perverse way, added to my client’s guilt,” Kumarasingam said.
According to an Institute of Mental Health report, Burge does not suffer from the mental disorder anymore, the lawyer added.
He further argued that if probation is not suitable, Burge should receive an absolute or conditional discharge.
Under the Probation of Offenders Act, a court can grant an absolute discharge if it is not suitable in a case to “inflict punishment” on an offender and when “a probation order is not appropriate”.
The court has to consider the circumstances, including the nature of the offence and the offender’s character, before making such a decision.
Those given a conditional discharge are liable to be punished for their initial offences if they break the law again.
Kumarasingam told the court that his client has turned his life around after being arrested. He referred to a testimonial written by Burge’s former student, who was a lawyer and law lecturer before becoming a pastor.
Burge had tutored the student’s two young sons and done a good job, the former student wrote, adding: “We believe he has returned… to his witty, gentle and genial ways.”
Kumarasingam said that Burge is also receiving support from a network of ex-students. — TODAY
